Detailed basic principles explained by the Work Committee
Chairman should be adopted

YANGON, 8 Jan— The following is a translation of suggestions submitted to the plenary session of the National Convention by U Tun Kyaw of Namhsan Township Constituency, Shan State (North), regarding the detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution collectively presented by the three Independent Representatives-elect — Dr Hmu Htan of Htantalan Township Constituency, U Aung Thein of Ywangan Township Constituency, Shan State (South); and U Tun Kyaw of Namhsan Township Constituency, Shan State (North) — on 5 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

I am now going to present the excerpts of our compilation concerning the legislation of the Region and State Hluttaws.

At the plenary session of the National Convention the Work Committee Chairman explained the following detailed basic principles:

“1. (a) The day the term of Region or State Hluttaw comes into force is that of the Pyithu Hluttaw.

(b) The first regular session of Region or State Hluttaw shall be convened within 15 days after the commencement of the term of the Hluttaw.

2. (a) The State Peace and Development Council shall convene the first regular session of Region or State Hluttaws after the Constitution has come into force.

(b) The Speaker of Region or State Hluttaw who continues to perform his duties in accordance with the provisions of the

Constitution shall convene the first regular session for the next terms of Region or State Hluttaw.

3. (a) Members of Region or State Hluttaws shall take oaths before the chairman of Region or State Hluttaw at the first regular session of Region or State Hluttaw.

(b) Members of Region or State Hluttaw who have not taken oaths, shall take oath before the Speaker of the Hluttaw at the session of the Region or State Hluttaw they first attend.

4. The Speaker of the Region or State Hluttaw shall convene the regular session of the Region or State Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months.

5. The following matters are carried out at the session of the Region or State Hluttaw:

(a) Recording the address delivered by the Union President.

(b) Reading out and recording messages sent by the President and other messages permitted by the Speaker.

(c) Recording the address delivered by region or state chief minister.

(d) Submitting, discussing and making decision on a bill.

(e) Discussing and deciding the matters the Region or State Hluttaw shall implement in accordance with provisions of the Constitution and the existing laws.

(f) Discussing, deciding and recording the reports presented to the Region or State Hluttaw.

(g) Submitting proposals, holding discussions and making decisions.

(h) Raising questions and giving replies.

(i) Implementing matters permitted by Speaker of Region or State Hluttaw.

6. (a) Speaker of respective Region or State Hluttaw can convene special session or emergency session of Region or State Hluttaws if necessary.

(b) Speaker of respective Region or State Hluttaw shall convene a special or emergency session of region or state as soon as possible when the Region or State Chief Minister informs to do so.

(c) Speaker of respective Region or State Hluttaws shall convene a special session of region or state as soon as possible if at least one-fourth of the Region or State Hluttaw members ask to convene it.

7. (a) The first day session of the Region or State Hluttaw is valid if more than half the number of members who have the right to attend the session of the Region or State Hluttaw, are present. The session if invalid shall be adjourned.

(b) The sessions that are adjourned due to invalidity in accordance with the sub-para (a) as well as the valid sessions that are extended are valid if at least one-third of the Hluttaw members, who have the right to attend a session of Region or State Hluttaw are present.

8. (a) Save as otherwise provided by this Constitution, a matter that should be decided through voting in the Region or State Hluttaw shall be determined by a majority of votes of the members present and voting.

(b) The Speaker of the Region or State Hluttaw or the Deputy Speaker discharging duties as the Speaker shall not vote in the first instance in the sessions of the Region or State Hluttaws, but shall have and exercise a casting vote in the matters of an equality of votes.

9. If for a period of 15 consecutive days a member of Region or State Hluttaw is, without permission of the Hluttaw, absent from a session of Region or State Hluttaw, the Region or State Hluttaw can declare the seat of the Region or State Hluttaw member vacant in accordance with prescribed provisions. In computing the said period of 15 days,, no account shall be taken of any period during which the session is prorogued, or is adjourned.

10. Although there are vacant seats, the Region or State Hluttaw shall have the right to carry out its tasks. Moreover, the session shall not be annulled, if the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are discovered later.

11. The functions and records of the Region or State Hluttaw shall be published for public information. But, the functions and records restricted by a law or decisions of the Region or State Hluttaw shall not be published.

12. Region or State Hluttaw has the power to make laws for the whole or any part of the Region or State concerning matters stated in the Region or State Legislative List.

13. (a) When the Region or State Hluttaw enacts a law, it may —

(1) entrust the right to issue bylaws, rules and regulations concerning the law to a region or state level organization formed under the Constitution.

(2) authorize the organization or authority to issue notifications, orders, directives and procedures concerning the law.

(b) The bylaws, rules, regulations, notifications, orders, directives and procedures issued with the right vested by a law shall be consonant with the stipulations contained in the Constitution and the law concerned.

(c) after issuing a bylaw, rules or regulations under the law enacted by Region or State Hluttaw, the organization concerned shall circulate the bylaw, rules or regulations to Hluttaw members during the nearest regular session of the Region or State Hluttaw with the arrangement permitted by the Hluttaw Speaker.

(d) If the bylaw, rules or regulations are found to be not consonant with the provisions of the law concerned, Region or State Hluttaw members can submit a proposal to annul or amend the by law, rules or regulations to Region or State Hluttaw within 90 days from the date they are circulated.

(e) If a decision is made by Region or State Hluttaw to annul or amend a bylaw, rules or regulations, the decision shall not affect however without prejudice to the validity of any action previously taken under the bylaw, rules or regulations.

14. (a) Matters that requires decision, assent and approval of Region or State Hluttaw shall be implemented as follows:

(1) If the Region or State Hluttaw is in session, the matter shall be decided at that session.

(2) If the Region or State Hluttaw is not in session, the discussions and decisions on the matter shall be made at the nearest Region or State Hluttaw session.

(3) A special session or an emergency session shall be convened to discuss and decide the matters which need prompt action for public interest.

15. (a) Of the matters included in the Region or State Legislative List, the Region or State level organizations formed under the Constitution, can submit bills on matters under their management to the Region or State Hluttaw in accordance with the prescribed provisions.

(b) Bills on region or state plans, annual budgets and taxation which are to be submitted exclusively by the Region or State Government shall be submitted to the Region or State Hluttaw in accordance with the prescribed provisions.

16. Of the matters included in the Region or State Legislative List, except those prescribed under the Constitution to be submitted exclusively by the Region or State Government, the Region or State Hluttaw members can submit bills on other matters in accordance with the prescribed provisions.

17. Region or State Hluttaw shall make a decision when Region or State Government submits region or state budget in accordance with the prescribed provisions.

18. (a) The Region or State Chief Minister shall

(1) sign the bill approved by the Region or State Hluttaw and promulgate it as a law, within seven days after receiving it.

(2) sign the bill approved by the Self-Administered Region leading body and promulgate it as a law, within 14 days after receiving it.

(b) Although the Region or State Chief Minister does not sign the bill and promulgate it as a law with the fixed time, the bill shall come into force in like manner as if he had signed it on the last date of the fixed time.

(c) The bills signed by the Region or State Chief Minister and bills which have come into force in like manner as if they were signed by him, shall be promulgated in the Union Gazette. The laws shall come into force on the date of such promulgation unless the contrary intention are expressed.

19. (a) Of the members of a region or state level organization formed under the Constitution, members of Region or State Hluttaw shall have the right of discussing and voting concerning bills or matters related to their organizations in the Hluttaw sessions.

(b) Of the members of a region or state level organization formed under the Constitution, those members who are not Region or State Hluttaw members while attending the session with the permission of Hluttaw Speaker shall have the right of discussing concerning bills or matters related to their organizations.

20. The Speaker of Region or State Hluttaw shall—

(a) supervise Region or State Hluttaw sessions.

(b) invite the Union President if he informs him of his desire to address the Region or State Hluttaw session.

(c) make necessary arrangements when the Region or State Chief Minister informs him of his desire to address he wishes.

(d) have the right, if necessary, to invite members or persons of region or state level organization formed under the Constitution to the Region or State Hluttaw session to make clarification as regards matters under discussion.

(e) perform other duties and responsibilities entrusted by the Constitution or a law.

21. (a) Subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, members of Region or State Hluttaw have freedom of speech and voting at the Region or State Hluttaw as well as at Region or State Hluttaw committee and organization. Concerning the discussions and functions , a Region or State Hluttaw member shall be privileged except under the Region or State Hluttaw Law.

(b) Subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, members or persons who are permitted or invited to attend Region or State Hluttaw session have freedom of speech at the Region or State Hluttaw or Region or State Hluttaw committee and organizations. Concerning such discussions, they shall be privileged except under the Region or State Hluttaw Law.

(c) Action shall be taken against those members stated in sub-para (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.

22. (a) If there arises a need to arrest a Region or State Hluttaw member attending a Region or State Hluttaw session or a person attending the Hluttaw session with the permission or at the invitation of the Hluttaw Speaker, the reliable evidence shall be submitted to the Hluttaw Speaker. He shall not be arrested without prior permission of the Hluttaw Speaker.

(b) If there arises a need to arrest a member of a committee or an organization formed by the Region or State Hluttaw attending a session of the committee or organization, the reliable evidence shall be submitted to the Hluttaw Speaker through the head of the committee or organization concerned. He shall not be arrested without prior permission of the Hluttaw Speaker.

(c) If there arises a need to arrest a member of Region or State Hluttaw or committee or organization formed by the Hluttaw while the Hluttaw or the committee or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Region or State Hluttaw Speaker.

23. The reports, documents and records published by the Region or State Hluttaw or under its authority shall be privileged.”

As Work Committee Chairman’s explanations are comprehensive and appropriate, I have no further discussions concerning the matter. The detailed basic principles explained by the Work Committee Chairman should be adopted for the Constitution.